Bombay High Court
ANITA RAMASHRAY UPADHYAYversusTHE SENIOR INSPECTOR OF POLICE AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay and allowed the applications, permitting the legal heirs to be brought on record.
Summary
The petitioner, Ramashraya R. Upadhyaya, filed interim applications seeking to bring his legal heirs on record and to condone a delay of four years and fifty‑six days in filing the applications against the Senior Inspector of Police. The respondent, the Senior Inspector of Police, opposed the applications. The Court examined whether sufficient cause existed to justify condoning such a lengthy delay and whether the heirs could be added to the proceedings. It found that the petitioner had demonstrated sufficient cause for the delay. Consequently, the Court condoned the delay, set aside any alleged abetment, and allowed both applications as prayed for. The order also directed that the court record be amended and copies served within two weeks of the order’s upload.
Issues considered
- Whether a delay of four years and fifty‑six days in filing an interim application can be condoned under criminal procedural law.
- Whether the legal heirs of a sole petitioner may be brought on record in the pending proceedings.
Subjects
- condonation of delay
- legal heirs
- interim application
- criminal appellate jurisdiction
- abatement
- court record amendment
Judgment
sns 13-wp-596-2013+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2952 OF 2026
WITH
INTERIM APPLICATION NO.2953 OF 2026
Anita Ramashray Upadhyay … Applicant
In the matter between:
Ramashraya R. Upadhyaya … Petitioner
V/s.
The Senior Inspector of Police & Anr. … Respondents
Mr. Tushar Momaiyah i/by Ram & Co, for the Applicant.
Smt. P. P. Shinde, APP for the Respondent-State.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 21st August, 2026
P.C.:-
1) These are Applications for bringing legal heirs of Petitioner on
record and for condonation of delay of 4 years and 56 days in filing the said
Application.
2) Perusal of Interim Application No.2952 of 2026, indicates that,
sufficient cause is made out for condonation of the said delay in bringing
legal heirs of sole Petitioner on record.
Digitally
signed by
SUMEDH
SUMEDH
NAMDEO
NAMDEO
SONAWANE
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SONAWANE Date:
2026.08.28
10:20:24
+0530
sns 13-wp-596-2013+.doc
3) In view thereof, delay is condoned. Abetment, if any, is set
aside and both the Applications are allowed in terms of prayer clauses (a)
thereof.
4) Necessary amendment in the record of Court and
simultaneously in the copies served upon the learned APP be carried out
within a period of two weeks from the date of uploading of the present
Order on the official website of the High Court of Mumbai.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
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